Social Security and Supplemental Security Income (SSI) payments generally are not payable for months that an individual is confined to a jail, prison or certain other public institutions for commission of a crime. A person is not automatically eligible for Social Security or SSI payments when being released from prison or jail.
If you are receiving Social Security benefits your benefits will be suspended if you are admitted for more than 30 continuous days to a jail or prison. Sometimes your benefits can be reinstated starting with the month following the month you are released. Because you cannot receive monthly Social Security benefits while you are confined, benefits to your spouse or children will continue as long as they remain eligible. If you are receiving SSI, your payments are suspended while you are in prison. Your payments can be reinstated in the month you are released. However, if your confinement lasts for 12 consecutive months or longer, your eligibility for SSI benefits will terminate and you must file a new application for benefits.
If your benefits were suspended because you were in prison, when you get out of prison you can request for your benefits to be reinstated. You will need to contact Social Security directly and be sure to provide a copy of the release documents for Social Security to ensure a faster transaction and quickly reinstate your benefits. Social Security provides a great example of this type of situation:
Example: Sam was receiving SSI disability benefits and was confined to prison on June 7, 2009. He was released on September 7, 2009 (3 months later). His SSI can be reinstated as of September 7, 2009. Sam will be eligible for a partial payment for the month of September and full benefits starting in the month of October.
However, if you were not receiving either Social Security or SSI benefits before you went to prison or your SSI benefits were terminated, you will need to file a new application for benefits if you think you are still eligible. Again, be sure to provide proof of your release from prison, in addition to a new application and other documents.
